Form I-765 Instructions 04/01/24 Page 13 of 24
12. T-2, T-3, T-4, T-5, or T-6 Nonimmigrant--(c)(25). File Form I-765 along with proof of your derivative T
nonimmigrant status. If you obtained derivative T nonimmigrant status while in the United States, you must
submit a copy of the approval notice for your T nonimmigrant status. If you were admitted to the United States as
a T nonimmigrant, you must submit a copy of your passport with your T nonimmigrant visa. If you were granted
derivative T nonimmigrant status and want to request replacement of an EAD, le Form I-765 along with evidence of
your derivative T nonimmigrant status (for example, an approval notice).
If you (or the T-1 principal foreign national) led Form I-539 to extend your T-2, T-3, T-4, T-5, or T-6 nonimmigrant
status in conjunction with an extension of the principal T-1 nonimmigrant’s status, you may le Form I-765 to request
an initial or renewal EAD, along with evidence of your nonimmigrant status (for example, an approval notice or copy
of your passport with your T nonimmigrant visa). You may also le Form I-765 together with Form I-539 or after
we approve your Form I-539. If you le Form I-765 after we approve your Form I-539, submit a copy of your Form
I-539 approval notice.
NOTE: Derivative family members of T-1 nonimmigrants living outside the United States are not eligible to receive
an EAD until they lawfully enter the United States. If you are a derivative family member who is outside the United
States, do not le Form I-765.
13. T Nonimmigrant Adjustment of Status--(c)(9). If you led Form I-485 to adjust your status from a T-1, T-2, T-3,
T-4, T-5, or T-6 nonimmigrant to a lawful permanent resident, you may le Form I-765 together with Form I-485 if
you are seeking an EAD. You should also include evidence of your T nonimmigrant status (for example, an approval
notice or copy of your passport with your T nonimmigrant visa). If you le Form I-765 after ling Form I-485,
submit a copy of your Form I-485 receipt notice. While your Form I-485 is pending, we will extend T nonimmigrant
status until a decision is made on your Form I-485.
14. U-1 Nonimmigrant--(a)(19). If you are currently residing in the United States and your Form I-918, Petition for U
Nonimmigrant Status, is approved, you will receive employment authorization incident to status and USCIS will send
you an EAD as evidence of that authorization. You do not need to le Form I-765. If you resided outside the United
States when your Form I-918 was approved, you must le Form I-765 with USCIS when you enter the United States.
You must submit a copy of your passport with your U nonimmigrant visa.
If we granted your U nonimmigrant status and you want to request a replacement of an EAD, le Form I-765 along
with evidence of your U nonimmigrant status (for example, an approval notice).
If you have led Form I-539 to extend your U-1 nonimmigrant status, you may le Form I-765 to request a renewal
of your EAD, along with evidence of your U-1 nonimmigrant status (for example, an approval notice). You may le
Form I-765 together with Form I-539, or after we approve your Form I-539. If you le Form I-765 after we approve
your Form I-539, submit a copy of your I-539 approval notice.
NOTE: U-1 nonimmigrants living outside the United States are not eligible to receive an EAD until they lawfully
enter the United States. If you have an approved Form I-918 but are outside the United States, do not le Form I-765
until you have entered the United States.
NOTE: If the statutory cap is reached within a scal year and USCIS uses the waiting list process described at
8 CFR 214.14(d)(2), U-1 petitioners for U nonimmigrant status in the United States can le Form I-765 to apply for
an EAD based on deferred action ((c)(14)). An application for employment authorization based on deferred action
can only be approved after DHS has issued deferred action in your case, regardless of when Form I-765 is led.
15. U-2, U-3, U-4, or U-5--(a)(20). You may le Form I-765 at the same time as Form 918, Supplement A, Petition for
Qualifying Family Member of U-1 Recipient, or you may le Form I-765 at a later time. If USCIS has granted you
derivative U nonimmigrant status, le Form I-765 along with proof of your derivative U nonimmigrant status. If
you obtained derivative U nonimmigrant status while in the United States, you must submit a copy of the approval
notice for that status. If you were admitted to the United States as a U nonimmigrant, you must submit a copy of your
passport with your U nonimmigrant visa.